Hinckley — Ch. 38 Human Relations § 38-33
Real estate transactions
Operative Text
It is a civil rights violation for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesman, because of unlawful discrimination or familial status, to: (1) Transaction. Refuse to engage in a real estate transaction with a person or to discriminate in making available such a transaction; (2) Terms. Alter the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; (3) Offer. Refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; (4) Negotiation. Refuse to negotiate for a real estate transaction with a person; (5) Representations. Represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to his attention, or to refuse to permit him or her to inspect real property; (6) Publication of intent. Print, circulate, post, mail, publish or cause to be so published a written or oral statement, advertisement or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which expresses any limitation founded upon, or indicates, directly or indirectly, an intent to engage in unlawful discrimination; (7) Listings. Offer, solicit, accept, use or retain a listing of real property with knowledge that unlawful discrimination or discrimination on the basis of familial status in a real estate transaction is intended.
Hinckley Ch. 38 § 38-33 establishes that discriminating against a person in real estate transactions based on protected characteristics—including familial status—is a civil rights violation. The rule covers a wide range of conduct, from outright refusals to engage or negotiate, to subtler actions like misrepresenting a property's availability, publishing discriminatory advertisements, or retaining listings with discriminatory intent. Both property owners and real estate professionals such as brokers and salespersons are subject to these prohibitions.
Plain English — not legal advice.
Under Hinckley Ch. 38 § 38-33, compliant property owners and managers treat all prospective buyers, renters, and lessees equally regardless of protected characteristics or familial status. This means ensuring that property availability is accurately represented, that all bona fide offers are received and transmitted, and that no advertising, application forms, or listing agreements contain language that signals discriminatory intent. Operators generally review their practices across every stage of a transaction—from initial listing through final negotiation—to ensure none of the enumerated prohibited acts occur.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Hinckley Ch. 38 § 38-33 gives individuals the right to be free from discrimination at every stage of a real estate transaction, including during negotiations, inspections, and the receipt of listings. If a person believes they were refused a showing, given different terms, or encountered a discriminatory advertisement, these experiences may constitute civil rights violations under this provision. Affected individuals can explore options such as filing a complaint with a local human relations or civil rights body, raising the violation in relevant legal proceedings, or consulting a tenant-rights or fair-housing organization for guidance on available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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